9 AN ACT
concerning school personnel; relating to the issuance and re-
10 newal of certificates;
authorizing the state board of education to re-
11 ceive certain
information; amending K.S.A. 1999 Supp. 72-1397 and
12 repealing the existing
section.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 72-1397 is hereby amended to read as
16 follows: 72-1397. (a) The state board of
education shall not knowingly
17 issue a certificate to or renew the
certificate of any person who has been
18 convicted of any offense or attempt to
commit any offense specified in
19 subsection (c) of K.S.A. 21-4619 and
amendments thereto.
20 (b) Except as
provided in subsection (c), the state board of education
21 shall not knowingly issue a certificate to
or renew the certificate of any
22 person who:
23 (1) Has been
convicted of a felony under the uniform controlled sub-
24 stances act; (2) has been convicted of a
felony described in any section of
25 article 34 of chapter 21 of the Kansas
Statutes Annotated or an act de-
26 scribed in K.S.A. 21-3412 and amendments
thereto, if the victim is a
27 minor or student; (3) has been convicted of
a felony described in any
28 section of article 35 of chapter 21 of the
Kansas Statutes Annotated, other
29 than an act specified in subsection (c) of
K.S.A. 21-4619 and amendments
30 thereto, or has been convicted of an act
described in K.S.A. 21-3517 and
31 amendments thereto, if the victim is a
minor or student; (4) has been
32 convicted of any act described in any
section of article 36 of chapter 21
33 of the Kansas Statutes Annotated, other
than an act specified in subsec-
34 tion (c) of K.S.A. 21-4619 and amendments
thereto; (5) has been con-
35 victed of a felony described in article 37
of chapter 21 of the Kansas
36 Statutes Annotated; (6) has been convicted
of an attempt under K.S.A.
37 21-3301, and amendments thereto, to commit
any act specified in this
38 subsection; (7) has been convicted of any
act which is described in K.S.A.
39 21-4301, 21-4301a or 21-4301c, and
amendments thereto; (8) has been
40 convicted in another state or by the
federal government of an act similar
41 to any act described in this subsection; or
(9) has entered into a criminal
42 diversion agreement after having been
charged with any offense de-
43 scribed in this subsection.

2

1 (c) The
state board of education may issue a certificate to or renew
2 the certificate of a person who has
been convicted of committing an of-
3 fense or act described in subsection
(b) or who has entered into a criminal
4 diversion agreement after having been
charged with an offense or act
5 described in subsection (b) if the
state board determines, following a
6 hearing, that the person has been
rehabilitated for a period of at least
7 five years from the date of
conviction of the offense or commission of the
8 act or, in the case of a person who
has entered into a criminal diversion
9 agreement, that the person has
satisfied the terms and conditions of the
10 agreement. The state board of education may
consider factors including,
11 but not limited to, the following in
determining whether to grant a
12 certificate:
13 (1) The nature
and seriousness of the offense or act;
14 (2) the conduct
of the person subsequent to commission of the of-
15 fense or act;
16 (3) the time
elapsed since the commission of the offense or act;
17 (4) the age of
the person at the time of the offense or act;
18 (5) whether the
offense or act was an isolated or recurring incident;
19 and
20 (6) discharge
from probation, pardon or expungement.
21 (d) Before any
certificate is denied by the state board of education
22 for any of the offenses or acts specified
in subsections (a) and (b), the
23 person shall be given notice and an
opportunity for a hearing in accord-
24 ance with the provisions of the Kansas
administrative procedure act.
25 (e) The county or
district attorney shall file a report with the state
26 board of education indicating the name,
address and social security num-
27 ber of any person who has been determined
to have committed any of-
28 fense or act specified in subsection (a) or
(b) or to have entered into a
29 criminal diversion agreement after having
been charged with any offense
30 or act specified in subsection (b). Such
report shall be filed within 30
31 days of the date of the determination that
the person has committed any
32 such act or entered into any such diversion
agreement.
33 (f) The state
board of education shall receive from the Kansas bureau
34 of investigation, upon request and
without charge, such criminal history
35 record information relating to criminal
convictions as the state board
36 deems necessary to comply with the
provisions of subsections (a), (b) and
37 (c). Information, other than conviction
data, received by the state board
38 of education pursuant to the provisions
of this subsection shall be confi-
39 dential. Any disclosure of such
confidential information by a member of
40 the state board of education shall be
subject to any civil or criminal pen-
41 alties imposed by law for violations of
the duty of confidentiality imposed
42 upon the Kansas bureau of investigation
and shall constitute grounds for
43 removal from office.

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1
(f)(g) The state board of education
shall not be liable for civil dam-
2 ages to any person refused issuance
or renewal of a certificate by reason
3 of the state board's compliance, in
good faith, with the provisions of this
4 section.
5 Sec. 2. K.S.A. 1999 Supp.
72-1397 is hereby repealed.
6 Sec. 3. This act
shall take effect and be in force from and after its
7 publication in the statute book.